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(영문) 수원지방법원 성남지원 2015.01.22 2014고단2674
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 18, 2014, at around 23:15, the Defendant: (a) was removed from the stairs of the 2nd floor in Gwangju City, Gwangju-si; and (b) was removed from the police officer D belonging to the Gwangju Police Station C District of the Gwangju Police Station, which was called as “whether she reported she or not she was infinite, and she was infinite when she was infinite; (c) was sealed by her hand; (d) was moved to the C District of the Gwangju Police Station in Gwangju-si, Gwangju-si; and (d) was removed by her hand on one side at the Defendant’s request after being taken to the C District of the Gwangju Police Station in Gwangju-si; and (d) said, “the other side is not defined; and (d) the police officer’s disposal of D’s report, and obstructed the legitimate execution of D’s report.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on site, damage photographs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act (see, e.g., Reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is the case where the defendant obstructed the performance of official duties by assaulting the police officer on the part of his lawful performance of official duties. Considering the fact that there is a need to strictly punish the crime of obstruction of performance of official duties in order to protect the legitimate performance of official duties of the State and to establish a proper social order, the defendant has been punished several times by the crime of the same kind and different types, and there is an excessive penalty among them, there is no need to punish the defendant. However, there is no need to punish the defendant strictly, on the other hand, there is an attitude to recognize and reflect the defendant's mistake, on the other hand, it is difficult to view that the degree of assault and obstruction of official duties committed by the police officer is more serious, and other circumstances that

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